145 F.3d 1323 (4th Cir. 1998), 97-2286, Matter of Bohrer
|Citation:||145 F.3d 1323|
|Party Name:||In Re James L. BOHRER, Debtor. Nelson DECKELBAUM, Chapter 11 Trustee of the Estate of James L. Bohrer, Plaintiff-Appellee, v. James L. BOHRER; Hilarie R. Bohrer; HRB, Incorporated; Dunhill Management, Incorporated; James L. Bohrer Irrevocable Trust, Defendants-Appellants,and UNITED STATES TRUSTEE, Party in Interest.|
|Case Date:||May 08, 1998|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)
Argued March 4, 1998.
10 Fourth Cir. & D.C. Bankr. 413
Appeal from the United States District Court for the District of Maryland, at Baltimore, (CA-97-1881-CCB, BK-92-1513-PM, AP-97-1066PM); Catherine C. Blake, District Judge.
Dale Andrew Cooter, Cooter, Mangold, Tompert & Wayson, P.L.L.C., Washington, D.C., for Appellants.
Nelson Deckelbaum, Deckelbaum, Ogens & Fischer, Chartered, Washington, D.C., for Appellee.
Morton A. Faller, Meyer, Faller, Weisman & Rosenberg, P.C., Washington, D.C., On Brief, for Appellant James L. Bohrer.
Before WILKINSON, C.J., NIEMEYER, J., and MOON, U.S.D.J., for the Western District of Virginia, sitting by designation.
Nelson Deckelbaum, Chapter 11 Trustee for the Estate of James L. Bohrer ("the Trustee"), brought suit against James L. Bohrer ("the Debtor"); Hilarie R. Bohrer ("Ms.Bohrer"); HRB, Inc. ("HRB"); Dunhill Management, Inc. ("Dunhill"); and the James L. Bohrer Irrevocable Trust ("the Trust"), and sought a preliminary injunction to set aside the post-Chapter 11 petition transfer by the Debtor of his general partnership interest in Sugarloaf Centre Limited Partnership ("Sugarloaf"). The Debtor, Ms. Bohrer, HRB, Dunhill, and the Trust now appeal the district court's affirmation of the bankruptcy court's grant of the injunction. We affirm.
In March 1992, the Debtor filed a voluntary petition for bankruptcy under Chapter 11 of the Bankruptcy Code. The Debtor continued to manage his property and conduct the business of his estate as a debtor in possession, pursuant to 11 U.S.C. §§ 1107-08, until the January 27, 1997 appointment of the Trustee. Prior to November 22, 1995, the Debtor held a 5% general partnership interest and an 85% limited partnership interest in Sugarloaf.
Sugarloaf's sole asset is Sugarloaf Centre, a shopping center. Throughout the period when the Debtor was a debtor in possession, the property was encumbered by an $11.75 million first priority deed of trust and a second priority judgment lien in favor of Charles Vaughn ("Vaughn") in the approximate amount of $1 million. Vaughn was also one of the Debtor's creditors. Prior to November 22, 1995, the Debtor's sole partner in Sugarloaf was his estranged wife, Ms. Bohrer, who held the remaining 10% partnership interest as a limited partner.
The Debtor held the right to purchase Ms. Bohrer's interest for $1000 under the terms of an option...
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